The Delhi Police on Tuesday said that it has added Section 197 of Bharatiya Nyaya Sanhita (BNS) to the FIR filed at Kartavya Path Police Station after a protest near India Gate allegedly turned violent, with officers claiming that demonstrators blocked the road and used pepper spray on police personnel.
Police said a group of protesters held posters of Maoist commander Madvi Hidma, who was recently killed in an encounter, and attempted to obstruct traffic.
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“The protesters were holding posters of Maoist commander Madvi Hidma (who was recently killed in the encounter). When they tried to block the road, the police tried to remove them, but they sprayed pepper spray on the police personnel and tried to attack them. The police are now taking legal action against them,” news agency ANI quoted the Delhi Police as saying.
What is Section 197 of BNS
Section 197 of the Bharatiya Nyaya Sanhita (BNS) addresses acts that undermine national integration by making statements or allegations that could inflame distrust, hostility or division among religious, regional, linguistic or caste groups. The law provides for imprisonment of up to three years, a fine, or both, with stricter punishment if the act occurs inside a place of worship or during a religious gathering.
Police said the use of posters linked to a proscribed Maoist leader, attempts to obstruct a public road, and the alleged use of pepper spray on officers together constitute serious offences falling under this provision.
Twenty-three arrests; two FIRs registered
A total of 23 people were arrested on Sunday. Two separate FIRs have been registered—one at Kartavya Path Police Station, where six men were booked under BNS sections 74, 79, 115(2), 132, 221, 223, and 61(2); and another at Sansad Marg Police Station, which includes sections 223A, 132, 221, 121A, 126(2), and 3(5).
Five of the arrested protesters were produced before the Patiala House Court, which remanded them to two days of judicial custody and asked the police to submit video evidence. One detainee, who claims to be a minor, has been ordered to be placed in a safe house until age verification is completed.
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Police say incident involved pepper spray for the first time
New Delhi DCP Devesh Kumar Mahla said that the incident is being investigated.
“This matter is also under thorough investigation, and strict action will certainly be taken… An FIR has been registered under various sections, including against the use of force against the police, road blockades, and the use of chilli spray…,” he said.
He added that the use of pepper spray on police personnel was unprecedented.
“For the first time, we encountered the use of pepper spray against police personnel. A few of our officers were sprayed in the eyes and are currently receiving treatment at RML Hospital. Legal action is being taken in this regard.”
Police allege protesters broke barricades, blocked movement
Police said the protesters gathered inside the C-Hexagon, broke barricades, and sat on the road, delaying ambulances and emergency vehicles. Officers removed them to avoid traffic disruption.
“A protest was held this evening at C Hexagon, India Gate, over pollution. But the protesters were holding posters of Maoist commander Madvi Hidma… The police are now taking legal action against them,” the statement added.
Visuals from the site showed participants holding posters of Hidma as police attempted to clear the area.